The war on energy: why the United States and the international community need cohesive energy infrastructure security policy.

(48.) See, e.g., THOMAS HAMILL & PAUL T. BROWN, ESCAPE IN IRAQ: THE THOMAS HAMILL STORY 246 (2004) (noting that Thomas Hamill, an American held hostage by Iraqi terrorists, escaped to U.S. soldiers who had been assigned to guard a crew while they repaired a pipeline damaged during the insurgency).

(49.) See id.

(50.) Car Bomb Targets Iraqi National Guard, MSNBC, Sept. 15, 2004, http://www.msnbc.msn.com/id/5949556/.

(51.) See George Orwel, Iraq Stresses Pipeline and Port Security to Raise Oil Exports, OIL DAILY, July 11, 2005, at 1, available at http://lexisnexis.com (follow "legal"; then follow "area of law"; then follow "energy"; then follow "general news and information").

(52.) Car Bomb Targets Iraqi National Guard, supra note 50.

(53.) See Iraq Pipeline Watch, supra note 13.

(54.) Orwel, supra note 51.

(55.) See Luft, supra note 14, at 43-44 (describing terrorist attacks on oil pipelines in numerous countries).

(56.) War on Terrorism: Crisis at a Glance, ATLANTA J. CONST., Nov. 27, 2001, at 7A.

(57.) See Energy Security Hearing, supra note 3, at 16 (statement of Gal Luft, Executive Director, IAGS) (noting that, in a video released in 2004, bin Laden stated his fighters were, "continuing ... policy to make America bleed profusely to the point of bankruptcy").

(58.) Id. at 19.

(59.) Id. at 23. Dr. Luft also brought to the Subcommittee's attention the level of sophistication and understanding of the terrorist groups when he mentioned that a jihadist website stated, "The killing of 10 American soldiers is nothing compared to the impact of the rise in oil prices on America and the disruption that it causes in the international economy." Id.

(60.) See infra Part II.B.1-2.

(61.) See Energy Security Hearing, supra note 3, at 1 (statement of Rep. Ed Royce, Chairman, House Subcomm. on Int'l Terrorism and Nonproliferation) (stating that "[c]ombating this [oil terrorism] threat should be part of our complex goal of improving our [n]ation's energy security").

(62.) See Energy Security Hearing, supra note 3, at 19, 25 (statement of Gal Luft, Executive Director, IAGS) (suggesting a terrorist attack on Ras Tanura, the largest offshore oil loading facility in the world, could be more economically devastating than a "dirty nuclear bomb" strike on New York City).

(63.) SAFE is a nonpartisan organization whose goal is to reduce United States dependence on oil and raise public awareness of the related national security issues. SAFE, The Organization, http://www.secureenergy.org/about_organization.php (last visited Jan. 27, 2007).

(64.) The National Commission on Energy Policy (NCEP) is a bipartisan group of energy experts committed to addressing concerns regarding oil security and the adequacy of energy supplies. SAFE, Sponsors, http://www.secureenergy.org/shockwave_ sponsors.php (last visited Jan. 27, 2007).

(65.) See SAFE, Overview, http://www.secureenergy.org/shockwave_overview.php (last visited Jan. 27, 2007).

(66.) Energy Security Hearing, supra note 3, at 5-6 (statement of Robbie Diamond, President, SAFE).

(67.) Id.

(68.) Id. at 7-8.

(69.) Id. Scenario Three details the worst outcome in the exercise. Id. Scenario One would result in $82 per barrel and $3.31 per gallon of gas, and Scenario 2 would result in $123 per barrel and a gas price of $4.74, according to the group. Id.

(70.) Id. at 9.

(71.) Id.

(72.) Energy Security Hearing, supra note 3, at 6. Since writing this Comment, Dr. Gates has become the Secretary of Defense.

(73.) Id. at 7. Dr. Gates' statement was corroborated by actual events. See id. Mr. Diamond explained to the Subcommittee that the group had decided on a predicted starting price of oil in December 2005 to be $58 per barrel. Id. Mr. Diamond noted that a short time prior to conducting the exercise, news of al-Qaeda activity in Nigeria spurred oil prices to reach $60 per barrel. Id. Furthermore, attacks on key oil installations in the Niger Delta have cut Nigeria's oil production by approximately ten percent and have been a major catalyst of world oil prices reaching a four-month high as of Jan. 2006. See Lynn J. Cook, Status of Hostages Held By Nigerian Rebels Murky, HOUS. CHRON., Jan. 25, 2006, at A16; Segun Owen, Fearing Military Reprisals, Nigerians Flee Delta, HOUS. CHRON., Jan. 26, 2006, at A18. The group purported to be responsible for the attacks is the Movement for the Emancipation of the Niger Delta, an ethnic Ijaw militia in Nigeria who demanded that Royal Dutch Shell pay reparations in the amount of $1.5 billion for years of alleged oil pollution to villages in the Delta region. See Owen, supra, at A18. It seems the designers of the Oil Shockwave are even more clairvoyant than originally thought regarding the effect disruptions in Nigerian oil production could have on oil prices.

(74.) NATO Science for Peace and Security, NATO Forum on Energy Security, http://www.nato.int/science/ news/2005/n050728a.htm (last visited Jan. 27, 2007).

(75.) See Energy Security Forum, supra note 4.

(76.) See Energy Security Hearing, supra note 3, at 23, 25 (statement of Gal Luft, Executive Director, IAGS) (calling the Forum NATO's 'largest and most important annum gathering").

(77.) See id. (explaining that "decision-makers at the ministerial level from ... partner countries" will be in attendance with the purpose of engineering solutions to the issue of energy security).

(78.) See Paul J. Nyden, Editorial, Oil, Blood, and the Future: We Are Zooming to the End Faster than We Realize, Authors Conclude, CHARLESTON GAZETTE, Aug. 28, 2005, at 1D. See generally Michael T. Klare, The Bush/ Cheney Energy Strategy: Implications for U.S. Foreign and Military Policy, 36 N.Y.U.J. INT'L. L. & POL. 395 (2004) (citing numerous instances of the U.S. military deploying to oil-rich regions for purposes of security).

(79.) See Energy Security Hearing, supra note 3, at 1, 2 (statement of Rep. Ed Royce, Chairman, H. Subcomm. on Int'l Terrorism and Nonproliferation).

(80.) See, e.g., Michael B. Gerrard, Energy Policy Act of 2005 Affects Many Environmental Laws, N.Y.L.J., Sept. 23, 2005, at 3. (81.) Id.

(82.) See Energy Policy Act of 2005, 42 U.S.C. [section] 16041 (2006).

(83.) Ron Gold et al., Energy Policy Act of 2005 Leaves US With Open Issues, OIL & GAS J., Aug. 22, 2005, at 20.

(84.) See supra Part II.A.1-3.

(85.) See Energy Security Hearing, supra note 3, at 17, 19 (statement of Gal Luft, Executive Director, LAGS).

(86.) See Maritime Transportation Security Act of 2002, Pub. L. No. 107-295, [section] 101, 116 Stat. 2064 (2002) (codified as amended in scattered sections of 46 U.S.C.).

(87.) Id.

(88.) Id.

(89.) Id.

(90.) Id. It is important to note the term "facility," as provided in the "Definitions" section of the Maritime Transportation Security Act (MTSA), includes "any structure or facility of any kind located in, on, under, or adjacent to any waters subject to the jurisdiction of the United States." Id. This definition of the term "facility" has been codified under 46 U.S.C. [section] 70101.46 U.S.C. [section] 70101 (2002).

(91.) See Maritime Transportation Security Act [section] 106.

(92.) See 33 U.S.C. [section] 1502 (2004); Gearold L. Knowles, Liquefied Natural Gas: Regulation in a Competitive Natural Gas Market, 24 ENERGY L.J. 293, 317 (2003).

(93.) 46 U.S.C. [section] 70101 (2002).

(94.) See Energy Security Hearing, supra note 3, at 16 (statement of Gal Luft, Executive Director, IAGS) ("Striking pipelines, tankers, refineries and oil fields is easy and effective.").

(95.) 46 U.S.C. [section] 70103(a) (2002). The maritime transportation security plans have been codified under 46 U.S.C. section 70103 since the enactment of the MTSA. Id.

(96.) [section] 70103(a)(2).

(97.) [section] 70103(a)(2)(A).

(98.) [section] 70103(a)(2).

(99.) [section] 70103(a)(2)(D).

(100.) 46 U.S.C. [section] 70106 (2002).

(101.) 46 U.S.C. [section] 70101(5) (2002). Currently, the department in which the Coast Guard operates is the Department of Homeland Security. U.S. Coast Guard Fact File, http://www.uscg.mil/hq/g-cp/ comrel/factfile/index.htm (follow "Overview" hyperlink) (last visited Jan. 27, 2007). Prior to the terrorist attacks of September 11, 2001, the Coast Guard was organized under the Department of Transportation. See Paul Davis, Semper Paratus: The Coast Guard is "Always Ready" to Protect America's Ports and Waterways, J. COUNTERTERRORISM & HOMELAND SECURITY INT'L, Fall 2003, at 1, available at http://www.lexisnexis.com (follow "area of law"; then follow "Homeland Security"; then follow "general news and information"). After September 11th, Congress and the Bush Administration reorganized the Coast Guard under the Department of Homeland Security. Maritime Security: Enhancements Made, But Implementation and Sustainability Remain Key Challenges: Hearing Before the S. Comm. on Commerce, Science, and Transp., 109th Cong. 1 (2005) [hereinafter Maritime Security Hearings] (statement of Margaret T. Wrightson, Director Homeland Security and Justice Issues), available at http://www.gao.gov/cgi-bin/getrpt?GAO.05-448T. The MTSA, as a result, effectively makes the Secretary of Homeland Security responsible for the National Maritime Transportation Security Plans. [section] 70101(5).

(102.) See Davis, supra note 101 (explaining that the Coast Guard is uniquely suited to combat terrorism given its dual nature as an armed force and a law enforcement agency).

(103.) 46 U.S.C. [section] 70103(b) (2002).

(104.) [section] 70103(b)(2)(B).